Huang v Wong (No 2) [2019] NSWCA 18

Huang v Wong (No 2) [2019] NSWCA 18

No irregularity, illegality, or want of good faith was demonstrated in the making of the orders or in the reasons for judgment. The applicant’s grounds challenge the substance of the reasons rather than qualifying under UCPR 36.15. Even if the application succeeded, it would lack utility as the discontinued appeal could not be reinstated. The application for court sound recordings was administrative and not a matter for judicial order.

Jurisdiction
Australia
Judgment Date
19 February 2019
Procedural Posture
Notice of Motion / Application to Set Aside Judgment or Order Given or Entered Irregularly, Illegally, or Against Good Faith
Outcome
Notice of motion dismissed
Legal Topics
['setting Aside Judgment' 'discontinuance of Proceedings' 'access to Court Recordings' 'costs']
['civil Procedure'] ['setting Aside Judgment' 'discontinuance of Proceedings' 'access to Court Recordings' 'costs']

Case Brief

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Procedural Posture

Notice of Motion / Application to Set Aside Judgment or Order Given or Entered Irregularly, Illegally, or Against Good Faith

Legal Issues

  1. 1 ['Whether sufficient cause has been shown under UCPR 36.15 to set aside the judgment or order on the grounds of irregularity, illegality, or want of good faith' 'Whether the applicant is entitled to release of duplicate sound recordings of court proceedings']

Ratio Decidendi

No irregularity, illegality, or want of good faith was demonstrated in the making of the orders or in the reasons for judgment. The applicant’s grounds challenge the substance of the reasons rather than qualifying under UCPR 36.15. Even if the application succeeded, it would lack utility as the discontinued appeal could not be reinstated. The application for court sound recordings was administrative and not a matter for judicial order.

Court Disposition

Notice of motion dismissed

Orders

  • ["The applicant's notice of motion filed on 5 July 2018 is dismissed." "The applicant is to pay the respondent's costs of the notice of motion."]